Why do the media refer to “the right to family life” in the European convention on human rights (What does UK want to change about human rights law – and will it happen?, 10 December). It is the right to respect for family life. As the Bonavero report from the University of Oxford makes clear, article 8 can only prevent deportation if the impact would be “unduly harsh” on the family and the consequences of deportation outweigh the public interest.
The number of foreign national offenders who successfully invoked human rights grounds to prevent their deportation is 0.73% of the total number of foreign offenders. Having a child or partner in the UK does not mean that a foreign national offender can successfully appeal on human rights grounds. The Home Office does not keep – or at least does not appear to release – statistics on the number of foreign national offenders who are removed immediately after serving their prison sentence and those who are not, despite there being a valid deportation order (some of whom then go on to commit further serious crimes).
If the discourse were more evidence-based and sufficient resources directed at enforcement rather than blaming judges and the law for its own failures, perhaps the Home Office would actually be able to deal with the problem.
Jane Coker
Retired upper tribunal judge, immigration and asylum chamber
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